33-U.S.C.-1235

33-U.S.C.-1235

§1235 – Transfer of Authority to Regulate to Head of Other Department

Pathway

Title 33 > Chapter 25 > Section 1235

Details

  • Reference: Section 1235
  • Legend: §1235 – Transfer of Authority to Regulate to Head of Other Department
  • USCode Year: 2013

Provision Content

The authority and power bestowed upon the Commandant of the Coast Guard by sections 1233 and 1234 of this title may be transferred for any special occasion to the head of another department by the President whenever in his judgment such transfer is desirable.

(Apr. 28, 1908, ch. 151, §3, 35 Stat. 69; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Codification

Section was not enacted as part of the Ports and Waterways Safety Act which comprises this chapter.

Section was formerly classified to section 456 of former Title 46, Shipping.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, were excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14.

Commandant of the Coast Guard substituted for Secretary of Commerce on authority of Reorg. Plan No. 3 of 1946, §§101–104, set out in the Appendix to Title 5.

Upon incorporation into the Code, the words Secretary of Commerce were substituted for Secretary of Commerce and Labor to conform to act Mar. 4, 1913, which provided that the Secretary of Commerce and Labor should be called the Secretary of Commerce.

U.S. Encyclopedia of Law Coverage

33-U.S.C.-1234 in the Legal Encyclopedia: Safety

In this entry about 33-U.S.C.-1234, find legal reference material, bibliographies and premiere content related to safety in the American Encyclopedia of Law, presenting a comprehensive view of the United States safety-specific issues, written by authorities in the field.

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